Appeal filed by accused in wildlife case dismissed

On 22 November 2014, Special Judge CBI-03, Delhi had dismissed an appeal filed by a convict who was sentenced to three years imprisonment by trial court in August 2014. The convict was held by police with a leopard skin on June 2004 at under Roop Nagar police station area.

When dismissing the appeal the court notes that:

The   appellant   has   been   convicted under   Section   51(5)   of   Wild   Life(   Protection)   Act, which provides   that   a   person   found   to   be   guilty   of   offence   for contravention of any provision of the  Act(except Chapter VA and Section 38J) or any rule or order made thereunder, is liable to   be   punished   with   imprisonment   for   a   term   which   may extend to 3 years or with fine which may extend to twenty five thousand  rupees­  or  with  both,  and it  further  provides  that where the   offence committed is in relation   to any animal specified in Schedule I or Part II of Schedule II or meat of any any such animal or animal article, trophy or uncured trophy derived   from   such   animal   etc.   shall   be   punishable   with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine, which shall not be less than ten thousand rupees.

Leopard or Panther(Panthera pardus skin) find mention in entry no. 16B of Schedule I of the Wild Life( Protection) Act, 1972, and once the contravention of   Section 49 of the Wild Life( Protection) Act, 1972, is proved, the appellant is liable to be punished with minimum sentence of three years and a minimum fine of Rs.10,000/­.  Vide impugned Order on Sentence dated 22.08.2014, the appellant has been sentenced to SI for 3 years and a fine of Rs.10,000/­, which is the minimum sentence attracted to the contravention of Section 49 of Wild Life( Protection) Act, 1972. Since the sentence of minimum imprisonment has been provided under the provision for which the appellant has been convicted, the appellant is not entitled to be given the benefit of Probation of Offenders Act or to be enlarged   on   probation.   The   result   being   the   impugned Judgment/Order on Sentence dated 21.08.2014/22.08.2014, are upheld.  Appeal filed is dismissed.